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The
VPPA requires the express consent of a consumer before sharing information
about his or her video-viewing habits. The VPPA was originally designed to protect customers of
brick-and-mortar video rental shops, and did not contemplate today’s
environment of abundant consumer-driven information sharing. Prior to the amendment, “video tape service
providers” (which includes providers of on-line video services) could not share
a consumer’s viewing history without obtaining that consumers consent each time the information was
shared. This made it difficult to share consumer
video-viewing information with social media platforms, even if the consumer
wanted such sharing to occur.

With
the enactment of the VPPA amendment, consumers more readily may provide their
consent for the disclosure of their video-viewing information. The amendment does the following:

It
clarifies that consumers may give their consent on-line.

It
allows consumers to give consent in advance, for up to two years or until they
revoke their consent, whichever is sooner.
It also provides, however, that consumers must have the alternative of
consenting on a case-by-case basis.

It
requires that the consent be distinct and separate from any other agreements or
policies.

It
requires that the consumer be given a clear and conspicuous opportunity to
withdraw his or her consent, either with respect to any and all sharing of
their video-viewing information, or on a case-by-case basis (for example, not
sharing that they viewed a particular video).

In
order to share its consumers’ video-viewing information, a video tape service
provider will need to take care in complying with the new consent requirements. Among other things, a video tape service
provider will need to: (a) draft an appropriate consent, separate from the
other agreements and policies governing the video service or site; (b) present
consumers with all appropriate information when their consent is requested
(such as with whom their information will be shared); (c) give consumers the
option to withhold consent, or only provide consent in a given instance; (d)
provide consumers a clear method for withdrawing consent; (e) track the
expiration and withdrawal of consents; and (f) immediately cease sharing once
consents have expired or been withdrawn.
Noncompliance could be costly, since the VPPA, in addition to imposing
criminal liability, provides for a private cause of action and damages of at least
$2,500 per person (plus attorneys fees and costs). Nonetheless, providers of video services have
welcomed the VPPA amendment as providing them new opportunities for integrating
video-viewing information with social media platforms where few existed previously.